EL SALVADOR SIGNS E TRAVEL DOCUMENT MOU

UNCLAS SAN SALVADOR 001057

SIPDIS

DEPARTMENT FOR WHA/CEN, DHS FOR KEVIN O'REILLY

SIPDIS
SENSITIVE

C O R R E C T E D C O P Y

E.O. 12958: N/A
TAGS: KHLS PGOV PHUM PREL PREF SMIG ES
SUBJECT: EL SALVADOR SIGNS E TRAVEL DOCUMENT MOU

REF: A. 06 STATE 188230


B. STATE 38855


1. (SBU) In a private signing ceremony late in the afternoon
on May 18 Ambassador Glazer (on behalf of ICE),Vice Minister
of Foreign Affairs Margarita Escobar, and Minister of Public
Security and Justice Rene Figueroa signed the E Travel
Document Memorandum of Understanding between DHS and the
GOES. Only the English version of the document was signed.
Post will coordinate the signing of the official translation
in Spanish as soon as the Department Translation Services
provides a clean copy reflecting the last minute changes.
Based on the signing of the version in English, however, the
agreement is now already in effect. A PDF version of the
final scanned document has already been sent to WHA/CEN and
DHS. Post wishes to thank Washington for flexibility in the
negotiation of the last minute changes presented by the GOES.



2. (SBU) During the signing ceremony, the Salvadoran
participants expressed their worry that the FMLN is already
using the existence of this agreement to make the case that
the ARENA government is allowing for an increase in criminal
deportations, which is a very sensitive issue in the
bilateral relationship. (Note: The FMLN even claims that the
GOES is being paid by the USG for an increase in
deportations. End Note). Both emboffs and the Salvadorans
discussed plans to make a joint press release about the
signing to dispel myths and underline the idea that this
agreement is beneficial to the GOES as an information sharing
tool that will better inform Salvadoran authorities. Though
the existence of the agreement leaked to the press from the
Salvadoran side two days before the actual signing, it has
not reappeared in the press since then, and thus post has
decided to abstain from any public comment unless the issue
surfaces again, at which point post can rely on cleared press
guidance provided by DHS.


3. (SBU) Following is the text of the agreement signed

Memorandum of Understanding
between the
Ministry of Foreign Affairs of El Salvador,
Ministry of Public Safety and Justice of El Salvador,
and
U.S. Department of Homeland Security, as represented by
U.S. Immigration and Customs Enforcement


1.0 SECTION 1 - PURPOSE

The intent of this Memorandum of Understanding (MOU) is to
document the data sharing arrangements between the U.S.
Department of Homeland Security (hereinafter, "DHS"),as
represented by U.S. Immigration and Customs Enforcement
(hereinafter "ICE"),a component of DHS, and The Ministry of
Foreign Affairs, and The Ministry of Public Security and
Justice for the Government of El Salvador (GOES)
(hereinafter, "GOES Participants"),and to identify steps to
provide overall security safeguards on the data and equipment
to be shared. Notwithstanding any language used herein,
however, nothing in this MOU is intended to give rise to
rights or obligations under international law nor modify
current legislation of either party; the MOU reflects the
firm political commitments of ICE and the Government of El
Salvador to operate in accordance with the provisions
detailed herein.

1.1 Authorities, in part, as pertinent to this MOU
--ICE has authority to enter this MOU with the GOES
Participants pursuant to its removal authority in 8 U.S.C. u
1231 (a) and (b).

1.2 Points of Contact (POC)
For all issues associated with this MOU, the established
points of contact are as follows:
DHS/ICE James Joseph: 202-732-2876, james.joseph@dhs.gov
GOES: Alfredo Morales, amorales@rree.gob.sv

2.0 SECTION 2 DATA SHARING

The express intent of this MOU is to allow GOES Participants
access to the ICE electronic Travel Document (eTD) system in
order to obtain unique information on aliens that ICE is
attempting to repatriate to El Salvador. ICE may provide the
GOES Participants with an individual alienQ,s status,
history, and other background information. The GOES Ministry
of Foreign Affairs personnel are to be given direct access to
the eTD system in order to issue travel documents for
Salvadorans to be repatriated from the United States, that
ICE believes are nationals of El Salvador. ICE currently
communicates with foreign governments by providing the same
information through a variety of media, including the
transfer of paper documents. It is the intention of ICE and
the GOES Participants to minimize or eliminate the
unnecessary delays associated with this practice by providing
the GOES Participants access to the ICE eTD system.

2.1 Operating Environment

a) ICE is to loan the Ministry of Foreign Affairs of El
SalvadorQ,s Embassy and Consulates located in the United
States ICE-owned and configured laptop computers for purposes
consistent with this MOU. Authorized personnel of the
Ministry of Foreign Affairs of El Salvador are only to
connect to the ICE eTD system to review and modify biographic
information using ICE loaned laptop computers. No connection
to the DHS/ICE Wide-Area Network (WAN) is authorized. ICE
may loan to GOES Participants laptop computers for purposes
consistant with this MOU, including law enforcement purposes.
The GOES Participants are to maintain physical security and
access control of this equipment as set forth in Section 4
Information Security Requirements of this MOU.

b) ICE is to maintain ownership of ICE laptop computers
loaned to the GOES Participants pursuant to this MOU. ICE is
to retain approval authority as to the placement of ICE
equipment in GOES Participant facilities. System
administration and maintenance of ICE-owned laptops are the
sole responsibility of ICE.

3.0 GOES Participant Responsibilities

3.1 GOES Participants Responsibilities

3.1.1 The GOES Participants are to designate, to ICE,
specific personnel to have access to the eTD system and DHS
equipment and resources.

3.1.2 The GOES Participants are to ensure that all
designated personnel have been provided the ICE Computer
Security Awareness Training Course (CSAT). The designated
ICE Information System Security Officer (ISSO) is to provide
the appropriate training and material to all GOES
Participants authorized eTD users to complete the required
CSAT Course. The GOES Participants are allowed to make
copies of the training material for authorized users.

3.1.3 The GOES Participants are to present to ICE their
process for conducting background investigations on their
personnel for an ICE determination of whether such
investigations are equivalent to DHS requirements. To the
extent that the GOES ParticipantsQ, process for conducting
background investigation is not equivalent to DHS
requirements, ICE is to notify the GOES Participants of
additional steps that could be taken by the GOES Participants
that would result in the process being equivalent to the DHS
requirements.

3.1.4 The GOES ParticipantsQ, staff responsibilities
include, but are not limited to, the following: Ensuring that
any equipment used by the GOES Participants to access DHS/ICE
information is in a secure environment with adequate physical
and networking control to preclude unauthorized access.

3.1.5 Processing Travel Document Requests

3.1.5.1 Authorized Ministry of Foreign Affairs personnel are
to have access to download/export biographic and biometric
(photograph, right index fingerprint, and left index
fingerprint) information in a compressed format. This data
can be accessed multiple times.

3.1.5.2 Authorized users may sign onto the ICE eTD system
and review the repatriateQ,s biographic information and
removal documentation. The Embassy and Consulate authorized
user may update, edit, and save biographic information
relating to the repatriate, using ICE loaned equipment.

3.1.5.3 When the authorized user determines the repatriate
is a Salvadoran national, the travel document is ready to be
issued. A travel document number is to be entered for
validation for by the Consular officer for each travel
document to be issued in the ICE eTD system. This biographic
information, digitized signature, photograph, and electronic
fingerprints are to populate the travel document template
which resides on the ICE eTD system. The issued travel
document using the ICE eTD may be printed and/or saved
electronically. The eTD system is not to be connected to any
GOES system.

(Diagram available in PDF version only)

3.1.5.4 After the travel document is issued the updated
information is to be available for the GOES Participants to
download/export.

3.1.5.5 Individual documents in the ICE eTD system may be
viewed, printed and/or saved, electronically.

3.2 ICE Responsibilities

3.2.1 ICE is responsible for granting final user access to
GOES ParticipantsQ, personnel to the eTD system.

3.2.2 ICE is to loan the GOES Ministry of Foreign Affairs
Embassy and Consulates in the United States, ICE-owned and
configured laptop computers, which are to include all
appropriate administrative and security software and
hardware. ICE may loan to GOES Participants laptop computers
for purposes consistant with this MOU, including law
enforcement purposes. ICE is to retain approval authority as
to the placement of ICE equipment in GOES Participant
facilities.

3.2.3 ICE is to provide the GOES ParticipantsQ, personnel
with the appropriate training necessary to operate and
maintain security of the eTD system.

3.2.4 Submitting and Processing Travel Document Requests

3.2.4.1 The ICE official queries ICE databases to collect
biographic and biometric information regarding the repatriate
for whom a Travel Document is requested.

3.2.4.2 The biographic and biometric information is uploaded
to the Consular Application of the ICE eTD system. The
process of uploading this information to the Consulate
application of the eTD system is to be considered a formal
request for the issuance of a travel documents for the
purpose of repatriation.

3.2.4.3 The ICE field office is to print the travel document
from the ICE eTD system, which can be used for the
repatriation of Salvadoran nationals.

3.2.4.4 Once a month, ICE is to total the number of travel
documents that were issued in the previous month and is to
make available for transfer the travel document processing
fees for each travel document issued in the ICE eTD system.

4.0 SECTION 4 - INFORMATION SECURITY REQUIREMENTS

4.1 Formal Security Policy

ICE is to comply with existing federal security and privacy
laws, regulations, policy, and guidance established to
protect federal systems and data. The GOES Participants are
to comply with their own internal security and privacy laws,
regulations, and guidance, as well as any standards
identified by ICE and the GOES Participants during the
duration of this MOU as applicable to the activities under
this MOU. The GOES Participants are to comply with
conditions set forth in this MOU.

4.2 General Information/Data Description

The ICE eTD system is an application that is used system-wide
throughout ICE. The GOES Participants are to have the
capability to view information in the eTD system on each
subject alien for which ICE is seeking a travel document from
the Ministry of Foreign Affairs of El Salvador. This data
includes, but is not limited to, biographical, personal,
criminal, legal, and other immigration information. This
data is considered to be sensitive because it contains
personal identifying information. It should be provided only
to those personnel who have a need to know for purposes of
their official duties consistent with the terms of this MOU.
See also Section 4.5.h Safeguarding of Information of this
MOU.

4.3 Services Offered

ICE is to provide the GOES Participants access to the eTD
system through an Internet connection. For the duration of
this MOU, ICE may place such laptops and related peripherals
within the GOES ParticipantsQ, facilities to enable access to
the eTD system for the processing of travel documents and/or
other designated uses, as approved by ICE. ICE is not
authorizing any direct connection to DHS or ICE networks or
systems beyond the eTD system. The GOES Participants are to
immediately return all ICE-owned equipment to ICE at any time
there is a cessation of activities under this MOU, or at any
time ICE requests the return of such equipment for any
reason. All Internet service connection costs to access the
eTD system are to be the responsibility of the GOES
Participants. ICE is not to charge the GOES Participants for
access to the eTD system. ICE is to provide technical
support, as deemed necessary by ICE, in order for the GOES
Participants to gain and maintain access to the eTD system.
ICE is to retain approval authority as to the placement of
ICE equipment in GOES Participant facilities.

4.4 User Community

The user community is to be restricted to authorized
employees of the GOES Participants who have been designated
by the GOES Participants and approved by ICE to have access
to the eTD system and have a need to know. ICE is to assign
and identify an administrator to maintain a control sheet
that includes but is not limited to the name, rank, date of
birth, and duration of access for all authorized personnel
having access to the eTD system. Each user is to be a unique
name and their names are to be provided to ICE before any
access is granted.

4.5 Trusted Behavior Expectations

The GOES Participants are expected to protect any information
through the implementation of security controls, as detailed
below:

a) Anti-Virus/Encryption - ICE is to ensure that all
ICE-owned laptop computers accessing the eTD system utilize
ICE anti-virus and encryption software.

b) Authorization - The GOES Participants are to provide
access to ICE-owned equipment only to those employees who
have been authorized by the GOES Participants and DHS. The
approval of this MOU does not constitute an agreement to
establish individual system user accounts.

c) Data Storage - The GOES Participants are permitted to
replicate or store any eTD information in an electronic or
hardcopy format. Authorized GOES Participant personnel are
to have access to download/export biographic and biometric
(photograph, right index fingerprint, and left index
fingerprint) information in a compressed format. This data
can be accessed multiple times. Any eTD information,
regardless of format, is to be secured in at least one of the
following: a locked office, room, desk, bookcase, file
cabinet, or other storage, prohibiting access by unauthorized
persons.

d) Disabled Sessions - eTD is to be configured by ICE to
automatically disable inactive eTD sessions so that
authentication is necessary to re-establish a session after a
period of inactivity pursuant to DHS policy. This setting is
not to be overridden.

e) Notification - The GOESParticipants are to notify the
ICE POC immediately upon the termination or departure of any
of its approved end users.

f) Passwords - Passwords are not to be shared among users.

g) Printing - The GOES Participants are permitted limited
printing functionality for purposes consistent with the
purposes of this MOU. These printouts are for official
business of the GOES Participants in the issuance of travel
documents and law enforcement activities, and are not to be
released to outside entities without the expressed written
consent of ICE.
h) Safeguarding of Information - Subsequent uses and
treatment of information shared under this MOU are to be
restricted by the following conditions:
i. Information is shared pursuant to an express
understanding of confidentiality. Such information is to be
accorded protection from disclosure to third parties to the
extent permissible under the domestic laws of the Government
of El Salvador and the laws of the United States,
respectively, including the Freedom of Information Act, 5
U.S.C. 552, and the Privacy Act 5 U.S.C. 552a;
ii. Information received pursuant to this MOU is not to be
used or disclosed except for purposes consistent with this
MOU, as otherwise approved in writing by ICE and the GOES
Participants, or as otherwise required by law;
iii. Where a GOES Participant or ICE receives a request
for information obtained as a result of this MOU or as an
analytical product based thereon, the GOES Participant and
ICE are to confer prior to responding to the request;
iv. The GOES Participants are to obtain permission for
the disclosure to third parties of information received
pursuant to this MOU prior to making such disclosure, unless
there is a compelling need that would justify not seeking
permission prior to disclosure, in which case notice of the
disclosure is to be given as soon as practicable thereafter.
A compelling need exists when there is a threat to the life
or physical safety of a member of the public and disclosure
of the information could alleviate the threat. Likewise,
where the disclosure is mandated by law, notice of the
intended disclosure is to be given as soon as is practicable

i) Data Modifications - The Ministry of Foreign Affairs of
El Salvador is permitted to modify editable fields within the
Consulate Application of the eTD System. This information is
limited to biographic information relating to the subject
alien, which the Ministry of Foreign Affairs of El Salvador
accesses through eTD, and is relevant to the issuance of a
travel documents.
j) Usage - ICE-owned laptops are to be used only for
purposes consistent with this MOU.

4.6 Incident Reporting

The GOES Participants are to document and notify the ICE POC
listed in Section 1.2 of this MOU immediately of any computer
security incident while utilizing the eTD system. This
includes, but is not limited to, unauthorized access to an
ICE-owned laptop or system or the loss or damage to ICE-owned
equipment. The GOES Participants may be asked to assist ICE
in the event additional follow up is needed.

4.7 Audit Trail Responsibilities
All activity on ICE-owned equipment and eTD session activity
may be recorded by ICE. ICE may periodically scan and audit
ICE-owned equipment.

4.8 Training and Awareness

The GOES Participants are to inform all personnel of the
confidential nature of eTD information. The designated ICE

SIPDIS
Information System Security Officer (ISSO) is to provide the
appropriate ICE Computer Security Awareness Training and
material to the designated GOES Participants authorized users
of the eTD system. The GOES Participants can make copies of
any training material provided. The GOES Participants are to
provide to the ICE POC, if requested, documentation that
shows that all users have successfully completed the required
annual training.

4.9 Specific Equipment Restrictions

All ICE-owned equipment is to be located in a secure area not
accessible to the public and restricted to authorized
personnel. A secure area is one that prevents unauthorized
personnel from accessing secure facilities, and/or other
designated locations approved by ICE, of the GOES
Participants. Unauthorized personnel include any persons who
do not have the authority to access a facility and utilize
ICE-owned equipment housed in said facility.

4.10 Security Documentation

The GOES Participants are to utilize the eTD system in a
manner that protects the confidentiality of the records in
such a way that unauthorized persons cannot retrieve ICE
records by means of computer, remote terminal, or any other
access. The GOES Participants are to complete and submit all
relevant ICE access forms and security documentation prior to
accessing the eTD system

4.11 Site or System Certification and Accreditation

ICE is responsible for assuring that this MOU is to be
included in the System Interconnection/Information Sharing
section of the ICE System Security Plan covering the eTD
Certification and Accreditation (C&A) documentation.

5.0 SECTION 5 - TOPOLOGICAL DRAWING

(PDF Version only)

6.0 SECTION 6 - TERMINATION

a) Either ICE or the GOES Participants may terminate
activities under this MOU upon thirty days written notice.

b) In the event of the termination of this MOU for any
reason, the GOES Participants are to immediately return all
ICE-owned laptops loaned to it pursuant to this MOU as well
as any other property of ICE loaned to the GOES Participants
pursuant to this MOU.

7.0 SECTION 7 - OTHER PROVISIONS

a) Nothing in this MOU is intended to conflict with current
law or regulation or the directives of DHS, ICE or the GOES
Participants or the Government of El Salvador. If a term of
this MOU is inconsistent with these authorities, then the
term is deemed invalid, but the remaining terms and
conditions of this MOU are to remain in full force and effect.
b) This MOU is an arrangement between ICE and the GOES
Participants and is not intended to create or confer any
right or benefit on any other person or party, private or
public.
c) No provision of this MOU is to be interpreted in a manner
that would restrict any agreements, arrangements, or
practices relating to mutual assistance, co-operation, or
information-sharing which are already in effect between ICE
and the GOES Participants or between the Governments of the
United States and El Salvador.

d) The contents of this MOU are not to be released to
parties outside of the United States Government or the
Government of El Salvador unless such disclosure is mutually
agreed upon by ICE and the GOES Participants or otherwise
required by the respective domestic laws of the United States
or El Salvador.

8.0 SECTION 8 - SIGNATORY AUTHORITY

a) Access by the GOES Participants to the eTD system is not
to occur until each signatory signs this MOU. The MOU
becomes effective on the last date of either signature below
and expires on September 30, 2008. This MOU is to be
reviewed annually and modified by the mutual consent of ICE
and the GOES Participants as circumstances warrant. Any
modification to this MOU is to be in writing and is to be
signed by both.

/S/

Ambassador Charles L. Glazer for ICE
Vice Minister of Foreign Affairs Margarita Escobar
Minister of Public Security and Justice Rene Figueroa
Glazer